NCJ Number
139087
Date Published
1993
Length
215 pages
Annotation
This book examines issues of police liability in the contexts of various law enforcement responsibilities.
Abstract
The opening chapter explores that nature and scope of police civil liability as it considers the frequency of civil litigation against the police, the costs of liability litigation to society, and the fear some law enforcement officers have over the possibility of lawsuits. The social benefits and some of the rationales for allowing the police to be sued are considered, and the litigation process and the roles of its various actors are discussed. The second chapter addresses the framework of State tort law. Some of the most common claims of police negligence are noted, and a historical overview of the legal barriers to suing public officials is provided. This chapter concludes with a discussion of defenses available to police officers who face claims of State torts. The third chapter considers Federal lawsuits brought against the police under Title 42 of the United States Code Section 1983. Subsequent chapters focus on police civil liability in the context of specific police responsibilities, namely, the use of excessive force, high- risk drug enforcement operations, the negligent operation of emergency vehicles, failure to arrest intoxicated drivers, negligence at traffic accident scenes, and failure to prevent detainee suicide. The final chapter examines implications for the future police executive of shifting conceptions of police civil liability and law enforcement. Chapter references and a subject index